To
:- Rt
Hon:-Elizabeth Truss-M.P.@parliament.u.k.-Lord Chancellor & Secretary of State for Justice (a
combined position).
Dear Madam-
Lord Chancellor- Secretary of State for Justice-
It Is My Understanding Obtained from My
Research of the Internet- that the Ministry of Justice (MOJ) is a ministerial
department of the UK Government headed by the-Lord Chancellor-and- Secretary of
State for Justice (a combined position)
It Is also my-My
Understanding that in Accordance to the Land
Registration Act 1925, Land Registration-Act 2002-Law of Property
(Miscellaneous Provisions) Act1989- Land Registry’s Only Remit-is to Record
All The Information Conveyed To Them By The Solicitors Acting On Behalf Of The Sellers Or Buyers of the
Property-Land Registry-Have No Legal Remit-Or Legal Authority Whatsoever-To Alter Any Of
The Details Submitted for Registration Of Any-Land /Property Bought Or Sold-By Conveyancing / Solicitors-
“It is therefore vital –in my view-–that
the General Public have Confidence in their Public Officials –particularly Land
Registry-Durham- and in the legal framework that sets the boundaries of their
conduct.
There is urgent need- to ensure that
public officials are appropriately held to account for misconduct committed in
connection with their official duties-owing to the gravity of my serious
allegation- of misconduct in public office-including-conspiracy to pervert the
course of justice- by abuse of office-premeditated fraud-as outlined in the Fraud Act 2006-
Having
exhausted all the known avenues of Complaint available to me-including the
Labour Dominated Hartlepool Borough Council- the Chief Solicitor-of Hartlepool Peter Devlin-who knows of my Concerns of
Freehold Property Ownership-and refuses to act- my Labour Party Representative
in the Palace of Westminster- Iain Wright-who
also knows of my Justifiable concerns- but-refuses to reply to my Letters of
Protest
I consider these allegations are a grave-serious
matter & should be brought to your- attention-as- the Lord Chancellor-&
Secretary of State for Justice-without further delay-
I am reluctantly left with no alternative
but to Summit a Formal Complaint to –you- Lord Chancellor & Secretary of
State for Justice-to request you-Commence an in-depth Inquiry into my serious allegations
of Gross Criminal Misconduct -Abuse of Position in Public Office-including-Property
Fraud & attempting to Perverting the course of Justice, in Public Office of
the following named-Land Registry-Durham- Government Officials- Alan H Smith-the assistant Land REGISTRAR-
Durham-his colleague-Anthony Lowes-& Andrew Schofield-Office
Manager-
Who for the past five years -have
pursued & supported-(for reasons best known to themselves-) a ludicrous
obvious vicious spurious claim
made by a B141 applicants-first made- in October 2008- to alter some of the
registered & recorded freehold property details –on the Registered Land
Title CE74844 “Absolute” freehold ex council house land and property -we purchased in all good faith- pursuant to the
Housing Act 1980- on the 1st February 1984-from Hartlepool Borough Council- in
Consideration of £5.750.00 Pounds- (Five
Thousand Seven Hundred and Fifty Pounds)
the RECEIPT acknowledged by Hartlepool Borough Council-& -transferred & registered by the Chief Solicitor of Hartlepool Borough Council-
J Anthony Jones- on the 29/3/1984-
Despite the above irrefutable documentary
evidence as proof-of purchase-& Ownership- beyond any reasonable doubt-they-refuse-to
believe-for reasons best known to themselves- but suspected by others-that the
B141 application –made in October 2008-Is a Fraudulent
Document-and outside Land Registry’s Remit-
Is that not a Clear Deliberate Case of
Misconduct In Public Office- by Officials- of Land
Registry-Durham- to pervert the Course Of Justice-particularly the assistant
Land Registrar-Alan
H Smith-and his Colleagues-Anthony Lowes- who-it
must be remembered-stated-“categorically” in his signed letter dated 5th
December 2008- that a conveyance-of
the property in question-had previously-taken place-between Mr/Mrs Bennison-and
the Mayor-Aldermen and Burgesses of the County Borough of Hartlepool in November 1972-However-the
same area of land was-together with other land conveyed to YOU on the 1st February
1984-by Hartlepool Borough Council-as the council had previously Sold Off-the land in November-1972- it could NOT repeat could NOT-subsequently
have included it in a Conveyance to you in 1984- this means that -Mr/Mrs
Bennison-have the better documentary title to the Land than you-
This statement of fact-made by Alan H
Smith- assistant Land Registrar-Durham-that-Mr/Mrs Bennison-have the better
documentary title to the Registered Freehold Land CE 74844 “Absolute” than you-
without any substantive documentary evidence-whatsoever-is based on fallacious
reasons-a deceptive mistaken and false belief- (Held for personal Reasons) that a Conveyance had previously taken place between
Mr/Mrs Bennison and the Mayor-Aldermen and Burgees of Hartlepool Borough
Council in November 1972-without any substantive- proof whatsoever -it may also-explain and “Question”
-(the reasons
best known to Alan H Smith- himself-) his Continual Refusal to accept as Proof-of Purchase & Transfer-the-irrefutable- documentary evidence-presented-for inspection-of the
Freehold Property-issued by Land Registry-Durham-themselves-dated 16thFebruary 1984- “Confirming”-the Purchased-and
Transfer-in all good faith-of the ex-council house freehold land and
property-Registered Title CE74844 “Absolute” - pursuant to the Housing Act
1980-in “Consideration” of £5.750. (Five
Thousand Seven Hundred and Fifty Pounds) and the receipt-acknowledged by
Hartlepool Borough Council-of Civic Centre-Hartlepool-Conveys-:-to Alan Harvey
Flounders and his wife-Jacqueline Flounders-on the Pre-Sale of Council
House-Title Plan-No.M44684-dated September 1983-the entire total area of land
edged in RED-–Purchased-from
Hartlepool Borough Council-Hartlepool- on 1st February 1984-bound up within and
with the dwelling house- known as number 48 Ridlington Way-Hartlepool-
There is- in my view- Sufficient substantive-evidence
to show-that-he Alan
H Smith-the assistant Land REGISTRAR-
employed in public office of a government department- assisted by his colleague-Anthony Lowes- with
the assistance-of the- B141 applicants- Mr/Mrs Bennison- and Officials of
Hartlepool Borough Council-Planning & Legal Departments-Peter Devlin- Chief Solicitor-of Hartlepool Borough Council- Alyson Carman-Solicitor
& Complaints reviewer Hilary Martin-Solicitor and Freedom of Information Officer-Richard Trow- Project Planning Officer—Mr Reece-Planning Development-Manager-Paul Burgon- Enforcement Officer-Collaborated
& Conspired to Pervert the Course of Justice- including-Criminal Deception-by
abuse of Public Office- intending to deprive the legal owners of part of their
registered title-by- Fraud as defined in the FRAUD Act. 2006-
(a)
“FRAUD
BY FALSE REPRESENTATION” is defined by
Section-2-of the Fraud Act-2006- as a case where a person makes “any representation as
to fact or law-expressed or implied- which they know to be UNTRUE
or MISLEADING-( i.e. Alan H
Smith’s -Categorical claim-in his letter to us- signed and dated 5th
December 2008- that a Conveyance of the property-had Previously Taken Place between Mr/Mrs
Bennison- and the Mayor-Aldermen and Burgesses of the County Borough of
Hartlepool-in November
1972)
(b)
“FRAUD
BY ABUSE OF POSITION” is defined by Section
4-of the Act-as a case where a person occupies a position- i.e. assistant Land Registrar-Durham -a Public Office-where they are expected- to safeguard
the financial interests of another person- and abuses that position- this
includes cases where the abuse consisted of an omission- rather than an overt
act—In all classes of Fraud-it requires that for an offence to have
occurred-the person must have acted dishonestly- and that they acted- with the
intent of making a gain for themselves-or anyone else- i.e. Mr/Mrs Bennison-or
inflicting a loss-or risk of loss-on another-i.e.-us- the Registered Legal owners
of the property-Alan
Harvey Flounders and his Wife-Jacqueline Flounders
The HM Land Registry Adjudicator was
established under the Land Registration Act 2002. The HM Land Registry
Adjudicator resolves disputes about registered land by considering references
from HM Land Registry following applications made to the HM Land Registry by
members of the public- my question is as follows-
How can this be right- when the Officials-complained about-particularly the assistant land REGISTRAR- Alan H Smith- are themselves-employed
in Land Registry-Durham-
does anyone seriously believe they will report themselves for misconduct in
Public Office-
There are many different and varied
applications that may be made under the rules but the most common matters
referred to the HM Land Registry Adjudicator are disputes about boundaries;
easements or restrictive covenants; beneficial ownership of land; and, adverse
possession claims.
The varied provisions of the Land
Registration Rules 2003 deal with each different application. These Rules must
be consulted prior to any application.
The formal procedure before the HM Land
Registry Adjudicator is set out within the Adjudicator to HM Land Registry
(Practice and Procedure) Rules 2003 as amended by the 2008 Rules.
Any hearing will be as local to the dispute
as possible, normally at the tribunal centre closest to hand. A site visit will
normally be held before the hearing. The hearings are adversarial and decisions
will normally be reserved and handed down in writing within 28 days.
The HM Land Registry Adjudicator has the
power to award costs in essentially the same way as under normal civil
litigation. Any appeal from any decision of the HM Land Registry Adjudicator is
to the Chancery Division of the High Court Permission to appeal is required
from either the HM Land Registry Adjudicator or the High Court.!
Judicial Review of a decision to grant, grant subject to conditions, or
refuse planning permission is an alternative to the statutory review available
under s.288 of the 1990 Act (which can only be pursued if the applicant appeals
to the Secretary of State
as a preliminary step).
The procedure is open to any third
party of sufficient standing but the first stage of
applying for leave to apply for judicial review acts as a filter to prevent
unmeritorious applications. The application for leave is made ex parte and
allows the applicant to establish whether or not there is an arguable case
without incurring excessive liability for costs.
An applicant has to have a ‘sufficient interest” in
the matter to which the application relates’.I believe as the Registered Purchasers of the Freehold Land & Property
–CE74844 “Absolute” purchased in all good faith- pursuant to the Housing Act
1980- on the 1st February 1984-from Hartlepool Borough Council- in
consideration of £5.750.00 Pounds- (Five Thousand Seven Hundred and Fifty
Pounds) the RECEIPT acknowledged by Hartlepool Borough Council-& Transferred & Registered
by the Chief Solicitor of Hartlepool Borough Council- J. Anthony Brown- on the 29/3/1984- gives us
sufficient interest” in the matter.
Yours Sincerely
Alan Harvey Flounders
CC.
Secretary of State for Communities and Local Government-Rt Hon Greg Clark MP-
Email: gregclarkmp@parliament.uk
Iain Wright-Labour -Member of Parliament for Hartlepool-
Peter Devlin-Chief Solicitor of Hartlepool Council-
F.V.Clough-Land Registry-Durham-
Secretary of State for Communities and Local Government-Rt Hon Greg Clark MP-
Email: gregclarkmp@parliament.uk
Iain Wright-Labour -Member of Parliament for Hartlepool-
Peter Devlin-Chief Solicitor of Hartlepool Council-
F.V.Clough-Land Registry-Durham-
